Pedestrian Hit on Interstate 75 in Marietta

Cobb County Courthouse

Marietta, Ga. - Reports out of Cobb County state that a pedestrian was hit and killed on Interstate 75 this past week. The accident occurred around 9:30 PM near the Delk Road exit. It shut down the interstate for over an hour and officers diverted traffic around the scene.

The incident is still under heavy investigation. As a Georgia DUI Lawyer, I will focus on one of the potential crimes that could have been committed - vehicular homicide in the state of Georgia.

Vehicular Homicide in Georgia

Georgia law O.C.G.A. §40-6-393 outlines the degrees of vehicular homicide in Georgia. A person will be charged with homicide by vehicle in the first degree when, without malice aforethought, a death is caused by the person either unlawfully passing a school bus, reckless driving, fleeing or attempting to elude a police office, or leaving the scene of the accident. Homicide by vehicle in the second degree occurs when death results due to a violation of any other statute other than the ones specified for homicide in the first degree. 

First degree vehicular homicide is regarded as felony-grade vehicular homicide charge occurs when a death is the result of DUI or reckless driving. Convictions of felony-grade vehicular homicide may warrant up to 15 years in prison. 

In addition to penalties decided by a judge, the offender could also face a civil suit brought on by the victim's family. In a civil suit, the judge could award damages such as pain and suffering or loss of company to the victim's family. 

Furthermore, homicide by vehicle convictions can have long-term consequences. A felony conviction can make finding employment difficult as well as precluding the victim from practicing in certain professions such as teaching, the medical field, and other areas. The conviction will appear during background checks and can also affect obtaining housing or credit.

Practice Note

If you or a loved one has been arrested for a serious traffic violation such as DUI in Georgia, call our offices now.